By Jonathan Collins in Washington
Microsoft Corp makes demands on PC vendors – its largest customers – that relate directly to how they configure the hardware of their products, according to testimony yesterday from government witness, professor Franklin Fisher at the Washington antitrust case. On Monday, the court had excluded the public from the courtroom while District Judge Thomas Penfield Jackson heard government testimony that covered Microsoft deals with its OEM customers. Despite a motion to have the testimony in open court, the Judge had ruled in favor of Microsoft, Compaq Computer Corp and Dell Computer Corp that filed motions asking that the evidence that had been submitted to the court regarding OEM contracts would not be made public. But yesterday, Fisher revealed some of that testimony. There are some agreements that make demands on OEM’s hardware Fisher told the court. Microsoft counsel immediately stopped Fisher from continuing and told the judge that these were details that had never been made public. Fisher, who has access to confidential Microsoft information also revealed that the company charges roughly $50 a copy to personal computer makers for Windows. Yesterday afternoon, the court closed again as lead attorney for the government, David Boies returned to Microsoft’s contracts with OEMs. Judge Jackson decided to close the court despite Boies’ statements that confidential information would not be revealed. Boies maintained that the questioning should be in the public domain as it would refute statements made by Microsoft in press releases over the past few days. Nevertheless the court was closed by the Judge.
